Page 94 - Case Book 2017 - 2020 April 18

At that point, the race officer signalled an abandonment After the resailed race, Bones Jones again requested
from the shore flag mast, out of sight and earshot of the redress, this time on the grounds that ff2278, which had
fleet, which continued racing. The wind picked up, and not sailed the original race, had been allowed to sail in
the remaining boats crossed the finishing line within the the rescheduled race, and because the resail date had
time limit. The boat that would have won on handicap been impossible for herself (Bones Jones) because of
asked for redress, which was refused on the grounds boat damage. The protest committee held the resailed
that the decision of the race officer to abandon was race to be invalid for the reasons asserted by Bones
correct at the time he made it. The protest committee Jones and abandoned it. It then gave redress of average
referred its decision to the RYA. points to those boats that raced in the first race, in which
ff2278 had not started.
DECISION
The decision of the protest committee is not confirmed, The race committee appealed.
and the case is returned to the protest committee to
grant redress. DECISION
The race committee’s appeal is upheld: the results of the
When the race was abandoned, there were still 55 race held on 29th August are to stand, including the
minutes for the leading boat to sail less than a lap that result of ff2278.
had previously been sailed in just over 20 minutes,
which would have resulted in finishing places for all The decision by the protest committee to resail the first
race is not the subject of this appeal and is therefore to
other boats that finished – see rule 35. It could not have
properly been said at that moment that it was unlikely be accepted.
that any boat would finish within the time limit, since In deciding the claim for redress by Bones Jones, the
there was sufficient time for a stronger breeze to return. protest committee made an error when it decided that
The decision to abandon was premature, and redress is ff2278 was not entitled to take part in the resail. ff2278
to be granted to those boats that continued to race, was an entrant (albeit not a starter) in the race in
based on the recorded rounding times at the end of the question by virtue of the club’s sailing instruction and
second lap. therefore entitled to sail in the rescheduled race in
accordance with rule 81.
It should be noted that the decision to abandon would
have been equally improper had no boat then crossed When the date is chosen for a race to be resailed, it
the finishing line within the time limit, but that could often follows that a boat that sailed the abandoned race
not result in redress, since in the absence of the is unable to take part in the resail. Provided that all
abandonment the boats would not have had scores for boats that entered the first race are notified of the resail
finishing positions. date, and that the date is chosen fairly, there is no error
by the race committee and no boats are entitled to
Request for Redress by Laser2 5749, reference from Lancing SC
redress on the grounds of the rescheduled date.
RYA 1999/9 The sailing secretary made every effort to ensure that the
Rule 81, Rescheduled Event resail date suited as many people as possible. She cannot
When a race is abandoned, and the race committee or be held responsible, due to circumstances outside her
protest committee decides that it will be resailed on control, for a competitor not being able to start. The fact
another day, rule 81 applies. A boat that had entered that the appellant was unable to race on the day chosen
but not sailed the abandoned race has a right to take for the rescheduled race was unfortunate, but not an
part. A boat that took part in the abandoned race but is improper action of the race committee.
not able to participate in the resail is not entitled to Request for Redress by Bones Jones, County Antrim YC
redress, even though the abandonment resulted from
her own previous request for redress, provided that the RYA 2000/5
race committee acts reasonably in deciding a date for Rule 28.2, Sailing the Course
the resail.
When the sailing instructions state that a mark is to be
SUMMARY OF THE FACTS rounded, boats shall do so, even if the intentions of the
The notice of race and sailing instructions for a 10-race race committee were otherwise. However, a boat that
series, with two discards, did not require an entry to be did not do so for good safety reasons would be entitled
made in writing, and Flying Fifteens on their moorings to redress.
were deemed to be entrants, scoring points for DNS
when they did not take part. The string in rule 28.2 is to be taken to lie, when taut, in
navigable water only.
After a race sailed in June, Bones Jones requested
redress, and as a result the protest committee abandoned When a mark to be rounded is too close to the rhumb
the race and ordered a resail. The race was rescheduled line from the previous mark to the next mark for a boat
for 29th August, the last practical date in the season. to be able to decide visually whether it has to be looped,
Bones Jones then suffered damage and was unable to a boat that does not loop it and is successfully protested
take part. The rescheduling was arranged by the owner is entitled to redress.
of ff2278 who was the sailing secretary of the club. However, she will not be entitled to redress if the marks
ff2278 had not taken part in the abandoned race, but are charted and the boat can be expected to carry
competed in seven of the other nine races in the series.

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